DATE ISSUED: MARCH 3, 2026

PROJECT DESCRIPTION

The City of Hopewell is soliciting sealed bids from qualified Design-Build Contractors for the

Construction of Hopewell Riverwalk Completion of Phase II, consisting of approximately

600 linear feet of elevated riverwalk/boardwalk connecting the existing Riverwalk Phase II terminus to the Hopewell City Marina. The basis of design for scope of work is generally outlined in the attached 15% drawings by HDR attached and identified as Attachment #2, issued

6/30/2020 with redline comments 12/30/2025.

This project shall be delivered as a complete, turn-key Design-Build project. The Contractor shall be fully responsible for all design, engineering, permitting, materials, labor, equipment, and construction activities necessary to deliver a fully functional, ADA-compliant riverwalk connection.

Reference plans, aerial imagery, and prior phase documents are provided for informational purposes only and shall not be relied upon as final construction documents.

Sealed Bids, subject to the general conditions and specifications hereby attached, will be received via the following methods:

INSTRUCTIONS FOR BID SUBMISSION

DEADLINE FOR RECEIVING SEALED BIDS: 11:00 AM EST

Wednesday, April 8, 2026

SEALED BID ELECTRONIC METHOD: www.eva.virginia.gov

State of Virginia’s procurement website

SEALED BID RECEIVING OFFICE: Office of the City Clerk

Municipal Building, 2nd Floor

300 North Main Street

Hopewell, Virginia 23860

INVITATION FOR BID

Hopewell Riverwalk

Completion of Phase II

BID NO: IFB 13-26

CITY OF HOPEWELL

http://www.eva.virginia.gov/

SEALED BID OPENING: 11:00 AM EST

Thursday, April 9, 2026

Council Chambers, Municipal Building

300 North Main Street

Hopewell, Virginia 23860

BUYER CONTACT INFORMATION: Yolanda Bullock, Procurement Officer

(804) 352-4000, ext. 171 procurement@hopewellva.gov

1. Questions: All questions regarding this solicitation’s submission requirements must be submitted in writing via email to procurement@hopewellva.gov by Friday, March 27, 2026, 5:00 pm EST. A written addendum addressing all questions will be issued by

Thursday, April 2, 2026, to the state of Virginia’s e-procurement website at www.eva.virginia.gov No verbal inquiries will be accepted.

2. All Bids mailed or delivered in-person must be submitted in a sealed envelope. Each

Sealed Bid submission must include one (1) original and one (1) electronic [USB] version.

Bid Submissions received that do not contain both paper and electronic copies WILL

NOT be considered. Please do not bind. Stapling is preferred.

3. In-person submission: Enter the Municipal Building door at the rear of the building marked Planning & Development and request the receptionist to contact the City Clerk for bid submission. The In person submission deadline is Wednesday, April 8, 2026, 11:00

AM EST.

4. Mailed submission: The mailed submission deadline is Wednesday, April 8, 2026. If mail is the chosen delivery method of bid, the outside of each envelope must clearly indicate the following: (if bid is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

Office of the City Clerk

Second Floor

Municipal Building

300 North Main Street

Hopewell, Virginia 23860

Closing Date of Bid: April 8, 2026

Commodity Name: Hopewell Riverwalk Completion of Phase II

IFB # 13-26

5. Required bid submission documents: Unless otherwise specified, bidders are to complete and return all Bid Documents furnished by the City. All Bid Documents shall be signed in the spaces provided and returned. Bids or changes to a bid response shall not be accepted via fax or email.

mailto:procurement@hopewellva.gov mailto:procurement@hopewellva.gov http://www.eva.virginia.gov/

6. Required bid submission documents – Federal & Technical. Each bid shall include the following mandatory submissions:

o Acknowledgement of Davis-Bacon wage compliance o Statement of prior certified payroll and federal labor compliance experience o Section 3 compliance plan o Evidence of successful completion of similar waterfront or marine construction projects o Design-Build team qualifications (engineering and construction)

Failure to submit any required item may render the bid non-responsive. The City reserves the right to reject any bid determined to be materially unbalanced, non-credible, or inconsistent with the scope and requirements of this IFB.

7. ANY BID RECEIVED AFTER THE ANNOUNCED TIME AND DATE OF

OPENING, WHETHER BY MAIL OR ELECTRONIC, WILL NOT BE

CONSIDERED AND WILL BE RETURNED UNOPENED.

PROCUREMENT OFFICER’S STATEMENT

To All Prospective Bidders:

On behalf of the City of Hopewell, thank you for your interest in this Invitation for Bid. The City values the participation of qualified vendors who are willing to support our operations and community by providing the goods and services required.

Please note the following:

• The City reserves the right to reject any or all bids and to make an award that, in the judgment of the City, best serves the interests of our organization and citizens.

• Any contract award will be made strictly in accordance with the specifications and requirements set forth in this IFB.

• Availability of funds is a condition of any award; the City shall be bound only to the extent of appropriated funds available for the purpose of the resulting contract.

• Once submitted, no bid may be withdrawn for a period of ninety (90) days following the opening date, except as permitted under § 2.2-4330 of the Virginia Public Procurement

Act (VPPA).

• All bids and any resulting contracts shall conform to the City of Hopewell Procurement

Ordinance and the Virginia Public Procurement Act (VPPA), as amended.

We appreciate your time and effort in preparing a complete bid response. Your submission will be reviewed with care and consideration in accordance with the requirements of this IFB.

Respectfully, Yolanda Bullock

Procurement Officer

City of Hopewell

COOPERATIVE PROCUREMENT

This solicitation is being conducted in accordance with § 2.2-4304 of the Code of Virginia

(the Virginia Public Procurement Act). Accordingly, any contract awarded as a result of this Invitation for Bid shall be made available for use by other public bodies, governmental agencies, institutions, and political subdivisions of the Commonwealth of Virginia with the consent of the successful contractor.

The successful contractor agrees to extend identical pricing, terms, and conditions under this contract to any such participating entity. The City of Hopewell shall not be responsible for the placement of orders, payment, or disputes arising from purchases made by other public bodies under the cooperative use of this contract. Any issues must be resolved directly between the contractor and the participating entity.

The contractor further agrees to notify the City of Hopewell when cooperative purchases are made and provide summary information upon request.

BIDDER INFORMATION & SIGNATURE

In compliance with Invitation For Bid # 13-26 and subject to all conditions imposed herein, the undersigned Bidder:

1. Offers and agrees to furnish the goods and/or services in accordance with the attached signed bid submission.

2. Understands and agrees that upon the City of Hopewell’s written acceptance of the

Bidder’s response to this IFB, a valid and binding contract shall be created between the

Bidder and the City of Hopewell.

3. Certifies and affirms that the individual executing this document on behalf of the Bidder has full legal authority to bind the Bidder in all contractual matters relating to this IFB.

4. Certifies and affirms that neither the Bidder nor the authorized signatory has any business, financial, or personal relationship with any other persons or entities that would create a conflict of interest under the Commonwealth of Virginia’s Conflict of Interests

Act or under the City of Hopewell’s procurement policies.

5. Certifies that the Bidder is properly licensed and authorized to perform the services described in this IFB, and has secured all licenses, certifications, and classifications required under Title 54.1, Chapter 11 of the Code of Virginia, prior to the submission of this bid. Failure to obtain such license(s) prior to submission will render the bid non-responsive pursuant to § 54.1-1115 of the Code of Virginia (1950), as amended.

6. If the successful Bidder does not hold a City of Hopewell business license they will be required to register their business license with the City of Hopewell Planning and Zoning

Department. Proof of license will be required.

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS EMAIL ADDRESS

CITY, STATE, ZIP CODE FAX NUMBER

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

STATE CORPORATION COMMISSION

ID#

IRS I.D. #

STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

APPENDIX A

LUMP SUM BID FORM

The undersigned Bidder hereby submits a firm, fixed, lump-sum bid to furnish all labor, materials, equipment, design, engineering, permitting, administration, supervision, and incidentals necessary to fully complete the Hopewell Riverwalk Completion Phase II project in accordance with the Invitation for Bid.

The Bidder understands that the total lump sum price shall be all-inclusive and that the cost breakdown below is required for evaluation and comparison purposes only and does not alter the lump sum nature of the bid.

Cost Category Bid Amount ($)

1. Design, Engineering, and Permitting $______________

2. Materials (including timber, hardware, decking, concrete, coatings, etc.)

3. Equipment (marine equipment, cranes, barges, temporary works, etc.)

4. Labor (including Davis-Bacon prevailing wages) $______________

5. Project Management, Administration, and Supervision

6. General Conditions

7. Total Lump Sum Bid

The Bidder certifies that:

• The total lump sum bid price includes all costs required to complete the project as specified.

• The sum of the individual cost categories equals the Total Lump Sum Bid Price.

• No cost category has been intentionally understated, omitted, or shifted to another category to render the bid misleading or materially unbalanced.

• No additional compensation will be requested beyond the total lump sum bid price except for City-directed scope changes.

• All federal, state, and local compliance costs (including CDBG and Davis-Bacon requirements) are included.

• The cost breakdown provided above is accurate, complete, and prepared in good faith.

Bidder Name: _________________________________

Company: ____________________________________

Authorized Representative: ____________________

Title: _______________________________________

Signature: _________________________ Date: ___________

APPENDIX B

BIDDER RISK ACKNOWLEDGEMENT FORM

Bidder Risk Acknowledgement – Hopewell Riverwalk Completion of Phase II

By execution below, the undersigned Bidder acknowledges and agrees that:

1. This project is a Design-Build, turn-key delivery and the Bidder assumes full responsibility for design, engineering, permitting, construction, and completion.

2. The Bidder has reviewed the project location, reference materials, and existing conditions and has included all associated risks in its bid price.

3. All permitting, regulatory approvals, and agency coordination are the sole responsibility of the Contractor.

4. The project is funded in part with Federal CDBG funds and is subject to all applicable federal requirements, including Davis-Bacon and certified payroll reporting.

5. The Bidder shall not request change orders for site conditions, permitting requirements, design development, material escalation, weather, or construction means and methods.

6. The Bidder understands that failure to comply with federal requirements may result in withholding payment or contract termination.

The Bidder certifies that the bid price submitted fully accounts for all risks, responsibilities, and obligations described in the Invitation for Bid.

Bidder Name: _________________________________

Company: ____________________________________

Authorized Representative: ____________________

Title:

Signature: Date:

ADDITIONAL PROJECT REQUIREMENTS –

HOPEWELL RIVERWALK COMPLETION OF PHASE II

A. Project Delivery Method – Design Build

This project shall be delivered as a Design-Build, turn-key project. The Contractor shall be fully responsible for all design, engineering, permitting, materials, labor, equipment, general conditions, and supervision necessary to deliver a complete project.

The successful bidder shall provide a fixed, lump-sum price to deliver the complete project. The bid price shall include, without limitation:

• All architectural, structural, marine, and geotechnical engineering

• All permitting and agency coordination

• All materials, labor, equipment, mobilization, and demobilization

• General conditions, overhead, profit, and contingencies

• Testing, inspections, and certifications

• Final as-built drawings and closeout documentation

The Contractor shall not be entitled to any change orders, claims, or price adjustments for:

• Permitting requirements or agency conditions

• Design development or constructability issues

• Site conditions, river elevations, tides, or access constraints

• Material availability or price escalation

• Weather delays or means and methods

By submitting a bid, the Contractor acknowledges familiarity with the project site and associated risks, including but not limited to:

• In-water and shoreline construction conditions

• Variable river elevations and tidal influences

• Limited access and staging constraints

• Proximity to existing infrastructure and marina operations

The Contractor assumes full responsibility for all site conditions and shall include all associated costs in its bid.

Change orders shall be permitted only for written scope changes expressly authorized by the City of Hopewell.

B. Federal Funding Requirements (CDBG)

This project is funded in part with Community Development Block Grant (CDBG) funds and is therefore subject to all applicable federal requirements, including but not limited to:

• Davis-Bacon and Related Acts (prevailing wage requirements)

• Weekly certified payroll submissions

• Section 3 requirements

• Buy America, Build America

• Equal Employment Opportunity (EEO) regulations

• Federal labor standards compliance interviews and audits

• Record retention requirements (minimum of five (5) years after project closeout)

The Contractor shall include in its bid all administrative, reporting, compliance, and documentation costs associated with federal requirements. Failure to comply may result in withholding payment, termination for default, or disqualification from future federally funded projects.

C. Permits and Approvals

The Contractor shall be solely responsible for obtaining all permits and approvals from all authorities having jurisdiction. Prior permits from earlier phases are provided for reference only.

Reference permits obtained for Riverwalk Phases I and II are provided for informational purposes only, including prior authorizations from the U.S. Army Corps of Engineers and the

Virginia Marine Resources Commission.

The Contractor shall be solely responsible for:

• Determining applicability of any existing permits to the completion of Phase II

• Obtaining all new, modified, renewed, or extended permits

• Securing all local, state, and federal approvals

• Coordinating with regulatory agencies

All costs and schedule impacts associated with permitting are the sole responsibility of the

Contractor. No additional compensation shall be granted for permit-related delays or requirements.

D. Virginia American Water Company Coordination

The Contractor shall coordinate closely with Virginia American Water Company to protect and accommodate existing water intake infrastructure. All associated costs shall be included in the bid.

The Project alignment traverses and is constructed over existing water intake and related infrastructure owned and operated by Virginia American Water Company (VAWC). The

Contractor shall be required to coordinate closely with VAWC throughout all phases of the project.

The Contractor’s responsibilities shall include, but are not limited to:

• Early coordination with Virginia American Water Company during design and engineering

• Verification of horizontal and vertical clearances over existing water intake pipes and appurtenances

• Accommodation of VAWC operational, maintenance, and access requirements

• Scheduling construction activities to avoid disruption to water supply operations

• Compliance with all VAWC technical standards, safety protocols, and review requirements

Any costs, design modifications, sequencing changes, or construction means and methods required to accommodate Virginia American Water Company infrastructure and operations shall be fully included in the Contractor’s bid. No additional compensation shall be provided for coordination with VAWC or for protection of its facilities.

E. Proposed Project Schedule

The Contractor shall comply with the following project schedule milestones. Time is of the essence for this project.

1. Design, Engineering, and Submittals Complete: Within ninety (90) calendar days of Notice of Award.

2. Submission of Permit Applications: Within one hundred (100) calendar days of Notice of Award to all agencies having jurisdiction.

3. Anticipated Permit Review Period: Approximately one hundred twenty (120) calendar days (acknowledgement only; duration subject to agency review timelines).

4. Commencement of Construction: Within thirty (30) calendar days following issuance of all required permits.

5. Completion of On-Site Construction Activities: Within one hundred twenty (120) calendar days following commencement of construction.

6. Project Closeout: Submission of all closeout documentation, including certified payrolls, inspections, audits, as-built drawings, and permit closures within sixty (60) calendar days following completion of on-site construction activities.

F. Liquidated Damages

Liquidated damages of $250 per calendar day shall apply for failure to meet the project schedule.

Failure by the Contractor to complete the project in accordance with the schedule milestones set forth herein shall result in liquidated damages in the amount of Two Hundred Fifty Dollars

($250.00) per calendar day for each day the project extends beyond the required completion dates.

Liquidated damages shall not apply to delays solely attributable to permit review or issuance by authorities having jurisdiction, provided the Contractor has demonstrated timely and complete submission of permit applications and has actively responded to agency comments without undue delay.

CITY OF HOPEWELL

GENERAL TERMS

A. ADVERTISING: Contractor must not indicate in product literature or advertising that the

City is a customer and must not include the City in any client list, unless the City has given written permission.

B. APPLICABLE LAWS & COURTS: This procurement transaction, and any resulting agreement, is governed by the laws of the Commonwealth of Virginia, but not its conflict of laws rules, and any litigation arising from it must be brought in the state courts having venue within the City.

C. ASSIGNMENT OF CONTRACT: Contractor cannot assign this agreement in whole or in part without the written consent of the City.

D. AUTHORITY TO TRANSACT BUSINESS: Under Va. Code § 2.2-4311.2, and in accordance with Title 13.1, Title 50, or as otherwise required by law, a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must be authorized by the State

Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity and must maintain registration throughout the term of the agreement.

E. AVAILABILITY OF FUNDS: The City is bound hereunder only to the extent of the funds are and remain appropriated for this agreement.

F. CANCELLATION: The City may terminate this agreement at any time and for any reason or for no reason, upon 30 days’ advance written notice to Contractor. In case of such termination, Contractor will be compensated for services and work performed prior to termination.

G. CHANGES TO THE AGREEMENT: Changes can be made to the agreement in any of the following ways:

1. The parties may agree in writing to modify the scope of the agreement. An increase or decrease in price resulting from such modification must be agreed to by the parties as a part of their written agreement to modify the scope of the agreement. No fixed price contract may be increased by more than 25% of its price or $50,000, whichever is greater, without the advance approval of the City Manager, and under no circumstances may the price be increased without adequate consideration (including for relief from the consequences of an error in a bid or offer).

2. The City may order changes within the general scope of the agreement at any time by written notice to Contractor. Changes within the scope of the agreement include things such as services within Contractor’s standard offerings, the method of packing or shipment, and the place of delivery or installation. Contractor must comply with the notice upon receipt. Contractor will be compensated for any additional costs incurred as the result of such order, or will give the City a credit for any savings. That compensation will be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and Contractor accounts for the number of units of work performed, subject to the City’s right to audit

Contractor’s records or to determine the correct number of units independently; or

c. By ordering Contractor to proceed with the work and keep a record of all costs incurred and savings realized. The same markup will be used for determining a decrease in price as the result of savings realized. Contractor must present the

City with all vouchers and records of expenses incurred and savings realized. The

City may audit Contractor’s records as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within 30 days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance will be resolved in accordance with “Contractual Claims and

Dispute Resolution”. The existence of a claim, a dispute resolution process, litigation, or any other provision of this contract will not excuse Contractor from promptly complying with the changes ordered by the City or with the performance of the contract generally.

H. CLARIFICATION OF TERMS: The City will assume no responsibility for oral instructions, suggestion or interpretation. If the City makes a change to the solicitation, it will issue an addendum. Any questions related to this solicitation must be submitted to the contact named on the first page no fewer than seven business days prior to the bid opening or proposal closing date.

Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if a response would cause an unacceptable delay. Any contact with any City representative other than as outlined within the solicitation, concerning this solicitation, is prohibited. Such unauthorized contact may disqualify a firm from this procurement.

I. COMPLIANCE WITH LAW: Contractor represents and warrants that it does and will comply with law in the performance of this Agreement, and a violation of any law applicable to its performance is considered a material breach of this Agreement.

J. COLLUSION: Collusion in preparing offers or bids is prohibited. Any offer or bid that appears to the City to have been made not on a competitive basis may be rejected. However, nothing in this section prevents a vendor from making a second (or subsequent) offer or bid, delivered prior to the solicitation closing, which expressly revokes the previous offer or bid.

By submitting an offer or bid, vendors certify that their offer or bid is made without collusion and that they have not offered or received any kickback or inducement from any other vendor, supplier, manufacturer or subcontractor, and that they have not conferred on any City employee having official responsibility for this procurement transaction any payment, loan subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

K. COMPLIANCE WITH LAW: Contractor represents and warrants that it does and will comply with law in the performance of this Agreement, and a violation of any law applicable to its performance is considered a material breach of this Agreement.

L. CONFIDENTIALITY OF PERSONAL INFORMATION: Contractor must collect and hold personal information related to an individual confidentially, and will not be divulged without the individual’s and the City’s written consent and only in accordance with law. If Contractor accesses, stores, or uses personally identifiable information as part of the performance of a contract must safeguard this information and immediately notify the City of any breach or suspected breach in the security of such information. Contractors shall allow the City to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

M. CONTRACTOR’S FORM CONTRACT: All written agreements, contracts, service agreements, account applications, forms and other documents, that a vendor would require the

City to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by that vendor, must be submitted along with the vendor’s offer or bid. If such document would (i) materially conflict with any provision of this solicitation, (ii) affect the price, quality, quantity or delivery schedule, or (iii) alter the overall combination of quality, price, desirability relative to the City’s needs, then the City may, on that basis, either reject the offer or bid, or give the vendor an opportunity to withdraw that document from its offer or bid.

N. CONTRACTUAL CLAIMS AND DISPUTE RESOLUTION:

1. Compliance. Strict compliance with this procedure is a prerequisite to proceeding with a claim under this Agreement, and no action or statement by City representatives waives such compliance. All notices and communications required by this section must be in writing.

2. Intent to submit claim. Contractor must notify the Purchasing Agent of its intent to submit a claim, whether for money or other relief, at the time of the occurrence or at the beginning of the work upon which the claim is based, whichever comes first. “At the time of the occurrence or at the beginning of the work upon which the claim is based” means within 48 hours or, if good cause is shown, within 5 business days. “Occurrence” includes:

a. The City transmits final payment; or

b. A representative of the City states that the City will not pay a requested amount.

3. Submission of claim. Contractor must submit its claim no later than 60 days after it has notified the Purchasing Agent of its intent to file a claim. The claim must identify the time of the occurrence or the beginning of the work upon which the claim is based, state the basis for the claim, and identify with specificity the relief sought.

4. Investigation of claim. The Purchasing Agent shall investigate the claim. As part of the investigation, the Purchasing Agent may request that Contractor submit additional information, or appear before the Purchasing Agent, to support its claim. The period between such request and Contractor’s response tolls the time within which the

Purchasing Agent must respond to the claim. Failure to provide the requested information constitutes noncompliance with this procedure.

5. Purchasing Agent’s decision. The Purchasing Agent shall render a decision within 30 days of receipt of Contractor’s claim, setting forth the reasons for such decision. If the

Purchasing Agent does not render a decision within 30 days, the claim is considered denied. For good cause, the Purchasing Agent may notify Contractor that more time is required to render a decision.

6. The Purchasing Agent may settle the claim. If resolution of the claim requires that the

City pay additional money or forgo goods or services that it is arguably owed, then the

Purchasing Agent’s authority to settle the claim is limited to 25% of the value of the contract or $50,000, whichever is greater.

7. Institution of legal action. If Contractor is not satisfied with the Purchasing Agent’s decision, or the Purchasing Agent does not render a decision, it may appeal to the Circuit

Court of Albemarle City. Contractor’s appeal must comply with the Virginia Public

Procurement Act and Title 15.2 of the Virginia Code.

8. Amounts not in dispute. Contractor’s notice of an intent to file a claim does not permit the City to withhold or delay payment of amounts that it does not dispute. Purchasing

Agent’s non-response to a claim within the required time constitutes a dispute of amounts claimed.

O. DEBARMENT STATUS: By submitting an offer or bid, vendors certify that they are not currently debarred by the Commonwealth of Virginia or any political subdivision from submitting offers or bids, nor are they an agent of any person or entity that is currently debarred.

P. DEFAULT: In case of failure to deliver goods or services in accordance with this

Agreement’s terms, the City, after due oral or written notice, may procure them from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs. This remedy is in addition to any other remedies available.

Q. DRUG-FREE WORKPLACE (applies to contracts of $10,000 or greater); Under Virginia

Code Section § 2.2-4312, during the performance of this Agreement, Contractor agrees as follows:

1. Contractor will provide a drug-free workplace for Contractor’s employees.

2. Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

3. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

4. Contractor will include the provisions of the foregoing Sections A, B, and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or Contractor

R. ERROR IN EXTENSION OF PRICES: If a vendor makes an error in the extension of prices, the unit price shall govern.

S. HEADINGS: Section and paragraph headings have been inserted only as a matter of convenience. They do not define, limit, or describe the scope or intent of the relevant section or paragraph.

T. IMMIGRATION REFORM AND CONTROL ACT: Contractor certifies that it does not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

U. INCLEMENT WEATHER/CLOSURE: If City offices are closed for business at the time scheduled for bid opening or proposal closing, they will be accepted and opened on the next scheduled business day, at the originally scheduled time.

V. INDEMNIFICATION: Contractor agrees to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all liability, loss, claim, suit, damage, charge, or expense, including attorney fees, arising from the death or injury of any person or the damage, loss, or destruction of any property that arises out of or results from the acts or omissions of Contractor or its subcontractors, agents, or employees, even if such loss is partially caused by an indemnified party.

Under Virginia law, the City may not indemnify any party. Any provision in Contractor’s form agreement to the contrary is therefore void.

W. INSURANCE: Contractor must maintain, at its sole expense, and from a company authorized to do business in Virginia, insurance policies containing the types of coverages and minimum limits specified in the Agreement.

X. LICENSE REQUIREMENTS: For removal, repair, improvement, renovation, or construction- services, Contractor must possess and maintain an appropriate State of Virginia

Class A, B, or C Contractor License for the duration of the Agreement. A copy of the license must be furnished with any offer or bid.

Y. NEW EQUIPMENT: Unless otherwise noted, any equipment offers must be new, unused, and of current production and standard to the manufacturer. A vendor’s offer or bid must, and is presumed to, include all equipment and appurtenances standard to or recommended by the manufacturer for complete and safe use.

Z. NON-DISCRIMINATION: Vendors will not be discriminated against on the basis of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by law.

By submitting their bids or offers, vendors certify that they will conform to the provisions of the

Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment

Contracting Act of 1975, as amended, where applicable, the Virginias with Disabilities Act, the

Americans with Disabilities Act and Virginia Code § 2.2-4311. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Virginia Code §

2.2-4343.1(E)).

Every contract over $10,000 includes the following provisions:

1. During the performance of this contract, Contractor agrees as follows:

A. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, shall state that it is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. Contractor will include the provisions of Paragraph 1 above in every subcontract or purchase order over $10,000, so that the provision will be binding upon each subcontractor or vendor.

AA. OFFER ACCEPTANCE: Bids and offers must be submitted by the date and time stated in the solicitation. They will be time-stamped upon receipt. No consideration will be given to date of postmark or other errors in delivery.

BB. PAYMENT:

1. To Prime Contractor:

A. The City will promptly pay for completed delivered goods or services by the required payment date. The required payment date shall be either: (i) the date on which payment is due under the terms of a contract for the provision of goods or services, or (ii) if a date is not established by contract, not more than 45 days after goods or services are received or not more than 45 days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within 20 days after the receipt of an invoice for goods or services, the City shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the City fails to make payment by the require payment date, the City shall pay any finance charges assessed by the supplier that shall not exceed one percent per month. In cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made.

B. Individual contractors must provide their social security numbers and business entities must provide a federal employer identification number, prior to receiving any payment from the City.

C. Invoices for items ordered, delivered, and accepted must be submitted directly to the payment address shown on the purchase order or in the Agreement.

Invoices must display the Agreement number and purchase order number.

D. All goods or services provided under this Agreement must be billed at the contract price, regardless of which department is being billed.

E. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors will be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges that appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the

City will promptly notify Contractor, in writing, as to the charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within 30 days of notification.

The provisions of this section do not relieve any City department of its prompt payment obligations with respect to those charges which are not in dispute

(Virginia Code § 2.2-4363).

2. To Subcontractors:

A. Contractor must take one of the two following actions within 7 days after

Contractor’s receipt of payment from the City for work performed by a subcontractor:

i. Pay subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor; or

ii. Notify the City and the subcontractor, in writing, of Contractor’s intention to withhold all or in part of the subcontractor’s payment, with the reason for nonpayment.

B. Contractor must pay the subcontractor interest at the rate of one percent per month on all amounts owed by Contractor that remain unpaid 7 days following receipt of payment from the City, except for amounts withheld as stated above.

The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. Contractor’s obligation to pay an interest charge to a subcontractor is not an obligation of the City.

C. For construction contracts under § 2.2-4301, Contractor must pay all subcontractors in the manner provided in Virginia Code Section 2.2-4354.

CC. PERMITS AND FEES: All bids and offers include in their price the cost of any business or professional licenses, permits, or fees required.

DD. PUBLIC INSPECTION OF RECORDS: Under Virginia Code § 2.2-4342 and the Virginia

Freedom of Information Act, all public records relating to the City’s procurement transactions are open to public inspection of any citizen, or any interested person, firm or corporation. Trade secrets or proprietary information submitted by a vendor will be exempted from public inspection only if the offer or bid (i) invokes the protections of Virginia Code § 2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and (iii) states the reasons why protection is necessary. A general designation of a vendor’s entire offer or bid as “confidential” is not sufficient to invoke this protection and will result in those materials being subject to public inspection.

EE. QUALIFICATIONS & TESTING: The City may make any investigations it deems necessary to determine the ability of a vendor to perform under the Agreement, and vendor must provide the City all information for this purpose as the City may request. The City may inspect a vendor’s facilities prior to award. The City may reject an offer or bid if it concludes, as the result of such investigation, review, or inspection, or a vendor’s noncompliance, that a vendor may not be qualified to perform. After delivery, the City may conduct any test or inspection it deems advisable before it will be considered to have accepted goods or services.

FF. RIGHT TO ACCEPT OR REJECT: The City may accept or reject an offer or bid in whole or in part or waive any informality. Informality means a defect from the solicitation’s requirements that does not affect the price, quality, quantity, or delivery schedule.

List of Attachments

Attachment #1 Aerial Photo of Existing Conditions

Attachment #2 HDR 15% Basis of Design Drawings for all of Phase II

Attachment #3 AMT construction drawings for work completed so far on Phase II

Attachment #4 Waters of the US Delineation Map for Phase II

Attachment #5 VMRC Letter for Phase II

Attachment #6 US ACE Regional Permit for Phase II

Attachment #7 Categorical Exclusion Document for Phase II

Attachment #8 Davis Bacon Wage “special conditions” and wage decision

Attachment #9 Build America Buy America “special conditions”

End of IFB